DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Calvosa et al. (Pat. No. US 8,182,513 B2).
Regarding claims 1-4, Calvosa et al. discloses a method for coupling a first bone portion to a second bone portion (figure 2), the method comprising: coupling a first flexible connector 7 having a first structural characteristic to said first bone portion 1 at a first site; coupling said first flexible connector 7 to said second bone portion 2 at a second site (figure 2); coupling a second flexible connector 8 having a second structural characteristic to said first bone portion 1 at said first site, said second structural characteristic being different than said first structural characteristic (figure 2); and coupling said second flexible connector 8 to said second bone portion 2 at said second site (figure 2).
Regarding claim 2, Calvosa et al. discloses wherein said first site has a first attachment axis 17, said second site has a second attachment axis 17 being spaced apart from said first attachment axis, said first flexible connector 7 extends along a first path that intersects said first attachment axis at a first intersection point and intersects said second attachment axis at a second intersection point (figure 6), said second flexible connector 8 extends along a second path that intersects said first attachment axis at a third intersection point and intersects said second attachment axis at a fourth intersection point (figures 2, 3, and 6), and said first structural characteristic is a first tensile elasticity and said second structural characteristic is a second tensile elasticity (col. 3, lines 37-38; col. 6, lines 60-64).
Regarding claim 3, Calvosa et al. discloses wherein said first site has a first attachment axis, said second site has a second attachment axis being spaced apart from said first attachment axis (figure 3), said first flexible connector 7 extends along a first path that intersects said first attachment axis at a first intersection point and intersects said second attachment axis at a second intersection point (figure 3), said second flexible connector 8 extends along a second path that intersects said first attachment axis at a third intersection point and intersects said second attachment axis at a fourth intersection point (figure 3), coupling said first flexible connector 7 to said second bone portion at said second site includes coupling said first flexible connector 7 to said second bone portion at said second site under a first tension (zero tension because it is in compression), and coupling said second flexible connector 8 to said second bone portion at said second site includes coupling said second flexible connector to said second bone portion at said second site under a second tension being different than said first tension (col. 7, lines 1-15).
Regarding claim 4, Calvosa et al. discloses wherein: said first site has a first attachment axis, said second site has a second attachment axis being spaced apart from said first attachment axis (figure 3), said first flexible connector 7 extends along a first path that intersects said first attachment axis at a first intersection point and intersects said second attachment axis at a second intersection point (figure 3), said second flexible connector 8 extends along a second path that intersects said first attachment axis at a third intersection point and intersects said second attachment axis at a fourth intersection point (figure 3), and said first bone portion is a first vertebra and said second bone portion is a second vertebra (figure 2).
Claim(s) 1 and 5-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Calvosa et al. (Pat. No. US 9,339,303 B2).
Regarding claim 1, Calvosa discloses a method for coupling a first bone portion to a second bone portion (figure 1; col. 3, lines 1-6), the method comprising: coupling a first flexible connector 8 having a first structural characteristic to said first bone portion at a first site (figure 1; col. 3, lines 10-17); coupling said first flexible connector to said second bone portion at a second site (figure 1; col. 3, lines 10-17); coupling a second flexible connector 16 having a second structural characteristic to said first bone portion at said first site (figure 1; col. 3, lines 55-65), said second structural characteristic being different than said first structural characteristic (the cord is smaller and more flexible than the first flexible connector, figure 1); and coupling said second flexible connector 16 to said second bone portion at said second site (figure 1).
Regarding claim 5, Calvosa et al. discloses wherein: said first site has a first attachment axis and a first radius about said first attachment axis, said second site has a second attachment axis and a second radius about said second attachment axis (figure 1), said first attachment axis being spaced apart from said second attachment axis, said first flexible connector 8 extends along a first path that intersects said first attachment axis and said second attachment axis (figure 1), said second flexible connector 16 extends along a second path that is tangent to said first radius and tangent to said second radius (figure 1), and said first structural characteristic is a first tensile elasticity and said second structural characteristic is a second tensile elasticity (col. 3, lines 1-65 describe the structural characteristics of the first and second flexible connectors. The first flexible connector is a thicker and more rigid block that is placed in compression and the second flexible connector 16 is a thinner cord which is placed in tension).
Regarding claim 6, Calvosa et al. discloses wherein: said first site has a first attachment axis and a first radius about said first attachment axis, said second site has a second attachment axis and a second radius about said second attachment axis (figure 1), said first attachment axis being spaced apart from said second attachment axis, said first flexible connector 8 extends along a first path that intersects said first attachment axis and said second attachment axis (figure 1), said second flexible connector 16 extends along a second path that is tangent to said first radius and tangent to said second radius (figure 1), coupling said first flexible connector 8 to said second bone portion at said second site includes coupling said first flexible connector to said second bone portion at said second site under a first tension (tension of zero), and coupling said second flexible connector 16 to said second bone portion at said second site includes coupling said second flexible connector 16 to said second bone portion at said second site under a second tension being different than said first tension (col. 3 describes the assembly of the system, wherein the first flexible connector 8 is placed between the two pedicle screws and the second flexible connector 16 is placed in tension around the two pedicle screws).
Regarding claim 7, Calvosa et al. discloses wherein: said first site has a first attachment axis and a first radius about said first attachment axis, said second site has a second attachment axis and a second radius about said second attachment axis (figure 1), said first attachment axis being spaced apart from said second attachment axis, said first flexible connector 8 extends along a first path that intersects said first attachment axis and said second attachment axis (figure 1), said second flexible connector 16 extends along a second path that is tangent to said first radius and tangent to said second radius (figure 1), and said first bone portion is a first vertebra and said second bone portion is a second vertebra (col. 3, lines 1-5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lynnsy Summitt whose telephone number is (571)270-78567856. The examiner can normally be reached on Monday through Thursday from 8am until 5pm.
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/LYNNSY M SUMMITT/Primary Examiner, Art Unit 3773
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